Maintenance Applications

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Frequently Asked Questions about Maintenance Applications

What types of maintenance applications are available?

The types of maintenance applications are as follows:

  • An application for payments or payment of maintenance whilst the divorce/judicial separation proceedings are on-going
  • An application for maintenance either for a spouse or a child for a term to be decided by the court (if not agreed). Sometimes the Court will need to consider whether or not maintenance has to be paid for life.

In what circumstances can I apply for maintenance for myself from my husband/wife?

Maintenance may be paid in the following circumstances:

If there is a significant difference in the income of the parties

If there are immediate needs which should be dealt with by payment of maintenance on a short-term basis.

If it is felt that there needs to be equality between the parties but that cannot be achieved through a capital settlement alone. This is far more likely in higher value cases.

What is a Nominal Maintenance Order?

A Nominal Maintenance Order is very common. This means that a Maintenance Order is made but typically of a low amount per annum if payment cannot be made or if payment was not needed. This Order can be varied to increase payments if circumstances justify it.

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